Practices

Overview

Josh Sussberg is a partner in the Restructuring Group. Josh represents debtors, creditors, equity holders, sponsors, boards of directors and investors in all aspects of restructuring distressed companies.

Josh was named an Outstanding Restructuring Lawyer by Turnarounds & Workouts in December 2018, recognizing 15 lawyers nationwide who are leaders in the bankruptcy field. Josh was also recently recognized by The Deal as the 2018 Consumer/Retail Lawyer of the Year following representations of companies including Toys R Us, BCBG, Gymboree, Mood Media and Charming Charlie. The 2018 Legal 500 recognized Josh as “tireless and super bright” and a key member of “one of the most pre-eminent law firms for US restructuring.” Josh was also recently recognized in the 2019 IFLR1000.

Josh has been recognized as a leading lawyer in Chambers USA, America's Leading Lawyers for Business each year since 2011. In 2018, Josh was described as “a great lawyer; practical and solution-oriented,” with one source noting: “He is extremely creative, smart and hard-working, and also easy to work with and a great problem solver.” Prior editions of Chambers USA described Josh as “excellent,” with clients praising his industrious work ethic and “very commercial” approach to matters; “practical, easy to work with and deal oriented in the sense he recognizes the best way to get a deal done is to work together.” Chambers USA has also recognized Josh’s “great courtroom presence,” with commentators noting that he is “an absolute pleasure to work with and against,” and “unflappable.”

In 2017, Josh was selected to the American Bankruptcy Institute’s inaugural “40 under 40” list which recognizes bankruptcy, insolvency and restructuring professionals from around the world. Josh was named an Outstanding Young Restructuring Lawyer by Turnarounds & Workouts in 2014. Josh was recognized as a "New York Super Lawyer" in Super Lawyers magazine's 2013–2018 rankings. Previously he had been recognized as a "Rising Star" in 2011 and 2012.

Experience

Representative Matters

Company/Debtor Representations

EV Energy Partners, L.P. ― Represented EV Energy Partners, L.P., and certain affiliates in their highly successful prepackaged chapter 11 restructuring in the U.S. Bankruptcy Court for the District of Delaware. Before filing for chapter 11 to implement its restructuring, the company negotiated a restructuring support agreement with 100 percent of the lenders under its reserve-based revolving credit facility and holders of approximately 70 percent of its unsecured notes, locking in support for a comprehensive restructuring of master limited partnership engaged in acquiring, producing and developing oil and natural gas properties with approximately $640 million in funded debt obligations at the time of filing. Josh led the team that successfully fended off challenges from certain equity holders to approval of the disclosure statement and confirmation of the plan following a two day valuation trial, as well as the denial of requests for the appointment of an examiner and official committee of equity holders. In overruling all objections and confirming the plan after just three months in bankruptcy, the Court commented on “the integrity and robustness of the corporate governance process,” noting that the Company “established really quite conclusively that the debtors have acted completely consistent with their fiduciary duties to the equity holders throughout this process.”

Cenveo, Inc. ― Represented Cenveo, Inc. and its domestic subsidiaries, a leading global provider of print and related resources headquartered in Stamford, Connecticut with a worldwide distribution platform, in their highly successful prearranged chapter 11 restructuring in the U.S. Bankruptcy Court for the Southern District of New York.

Charming Charlie ― Represented Charming Charlie, a Houston based specialty retailer focused on fashion jewelry, handbags, apparel, gifts and beauty products, in its highly successful prearranged chapter 11 restructuring in the United States Bankruptcy Court for the District of Delaware. Charming Charlie, which operated 375 stores in the United States and Canada at the time of the filing, completed its restructuring in just under four months after entry into a restructuring support agreement with a majority of its term loan lenders and equity sponsors, and subsequent settlement with the official committee of unsecured creditors. In confirming the chapter 11 plan, the Court commented that this was an “outstanding result for a retail company in 2018,” but further noting the Court “was not surprised, given the caliber of the Debtors’ lawyers.”

Toys“R”Us, Inc. ― Representing Toys“R”Us, Inc. and certain of its direct and indirect subsidiaries, in their chapter 11 cases pending before the United States Bankruptcy Court for the Eastern District of Virginia, Richmond Division.

Gymboree ― Represented The Gymboree Corporation and certain of its affiliates in connection with their prearranged chapter 11 cases in the United States Bankruptcy Court for the Eastern District of Virginia. Gymboree is one of the largest children’s apparel specialty retailers in North America, with widely recognized brands and approximately 1,300 stores worldwide. In just 88 days, Gymboree confirmed its pre-negotiated chapter 11 plan with the support of 99 percent of its prepetition secured lenders and a comprehensive settlement with the official committee of unsecured creditors.

BCBG Max Azria Global Holdings, LLC ― Represented BCBG Max Azria in its highly successful chapter 11 restructuring of its more than $450 million of indebtedness in the United States Bankruptcy Court for the Southern District of New York, resulting in a confirmed chapter 11 plan with going concern operations through a sale transaction. BCBG, a well-known and respected name in high-end women’s apparel and accessories, has historically operated more than 550 stores spread across all fifty states, Canada, Europe, and Japan. In overruling certain objections and confirming the Company’s chapter 11 plan, the Bankruptcy Court commented that “[Mr.] Sussberg just very compellingly and in detail outlined a process in a Chapter 11 case that reflects exactly what is supposed to happen, and the recovery levels speak volumes as to the degree of difficulty in getting there.” In 2018, the Turnaround Management Association recognized the successful restructuring of BCBG with its “Large Company Turnaround of the Year Award.”

Mood Media ― Represented Mood Media, a leading global provider of in-store audio, visual and other forms of media and marketing services in North American and internationally across a broad range of industries including retail, food retail, car dealerships, financial services and hospitality, in its chapter 15 case in the United States Bankruptcy Court for the Southern District of New York.

Aspect Software Inc. ― Represented Aspect Software Inc., a leading provider of software and technology solutions for customer care centers worldwide, in its prearranged restructuring, in which Aspect filed and emerged from chapter 11 in 75 days, and which achieved significant reduction of funded debt, a fully negotiated new first lien facility, and an infusion of $60 million of new capital to enable growth.

Goodman Networks Incorporated ― Represented Goodman Networks Incorporated and its domestic subsidiaries in their successful prepackaged chapter 11 cases filed in the United States Bankruptcy Court for the Southern District of Texas to restructure more than $325 million of funded debt obligations. Headquartered in Frisco, Texas, Goodman is a leading provider of field services to the satellite television industry, professional services and network infrastructure to the telecommunications industry, and installation and maintenance services for satellite communications.

Sherwin Alumina Company, LLC ― Represented Sherwin Alumina Company, LLC, a Texas Gulf Coast producer of aluminum oxide, in its chapter 11 case in the United States Bankruptcy Court for the Southern District of Texas.

Samson Resources ― Represented Samson Resources, a privately held onshore oil and gas exploration and production company with headquarters in Tulsa, Oklahoma, in its successful chapter 11 restructuring of more than $4 billion of debt.

Midstates Petroleum Company, Inc. ― Represented Midstates Petroleum Company, Inc., an independent exploration and production company, in its out-of-court restructuring and subsequently commenced pre-arranged chapter 11 cases in United States Bankruptcy Court for the Southern District of Texas. The successful chapter 11 case, which concluded in October 2016, resulted in the equitization of more than 90% of the company’s $2 billion in funded debt. Midstates is an independent exploration and production company focused on the application of modern drilling and completion techniques in oil and liquids-rich basins in the onshore U.S. with operations focused on oilfields in the Mississippian Lime play in Oklahoma and the Anadarko Basin in Texas and Oklahoma.

LightSquared ― Represented the special committee of the board of directors in the successful restructuring of LightSquared. An American satellite American satellite communications company developing a satellite-terrestrial network to support 5G and Internet of Things applications in North America, LightSquared’s highly publicized chapter 11 case included the restructuring of more than $5 billion in outstanding obligations.

Edison Mission Energy ― Represented Edison Mission Energy (EME) in its highly successful chapter 11 case in Chicago before the United States Bankruptcy Court for the Northern District of Illinois, culminating in the restructuring of approximately $5 billion in senior unsecured notes and other debt obligations. Through its chapter 11 plan, EME sold substantially all of its assets and interests in both debtor and non-debtor subsidiaries to NRG Energy, Inc. for a total purchase price of $2.635 billion, as well as the assumption by NRG of significant prepetition liabilities. The chapter 11 plan also incorporated a global settlement of all claims and disputes with EME’s parent company, Edison International, resulting in approximately $1 billion in additional value for EME’s estates. EME, through its subsidiaries, owns or leases and operates a portfolio of more than 40 electric generating facilities powered by coal, natural gas, wind and biomass, as well as an energy marketing and trading operation.

AMF Bowling ― Represented AMF Bowling, the world’s largest owner and operator of bowling centers and a leader in the bowling industry, in connection with its chapter 11 case in Richmond, Virginia. As part of its highly successful and fully consensual chapter 11 plan of reorganization that raised $310 million in new financing, AMF Bowling merged with Bowlmor on July 1, 2013, becoming the largest operator of bowling centers in the world with 7,500 employees, 272 bowling centers and combined annual revenue of approximately $450 million. Turnarounds & Workouts recognized AMF’s restructuring as one of the most successful restructurings of 2013.

Barneys ― Represented this luxury specialty retailer with flagship stores in New York City, Beverly Hills, Chicago, Seattle, Boston, Dallas, San Francisco, Las Vegas and Scottsdale in connection with its successful out-of-court restructuring that resulted in a debt for equity conversion and new money investment that reduced Barney’s long-term outstanding indebtedness from more than $590 million to $50 million. Founded as a men’s retailer in 1923 in downtown Manhattan, Barneys turned into an international arbiter of high style for both women and men in the 1970’s and become renowned for discovering and developing new and innovative design talent. Barneys also operates a highly successful online business at Barneys.com.

Conexant Systems ― Represented Conexant Systems, the fabless semiconductor company with a portfolio of innovative semiconductor solutions included in products for imaging, audio, embedded modem and video surveillance applications, in its successful and fully consensual chapter 11 case in the United States Bankruptcy Court for the District of Delaware that was completed in just 96 days. Through its chapter 11 plan, $194 million of secured debt was converted into equity and new unsecured, non-recourse notes issued by a newly formed holding company. An agreement was reached with the official committee of unsecured creditors regarding the treatment of unsecured claims, including rejection damage claims for various vacant leasehold properties. The restructuring of Conexant was recognized as the Restructuring Deal of the Year (over $100 million) by The M&A Advisor. In addition, Turnarounds & Workouts recognized Conexant’s restructuring as one of the most successful restructurings in 2013.

Young America ― Represented Young America, the rebates, sweepstakes, sampling, incentives and loyalty marketing company with 40 years experience and more than 300,000 marketing solutions, in connection with its successful out-of-court restructuring that de-levered the company’s balance sheet and provided new operating capital.

Neways ― Represented Neways Enterprises, a world-wide leader in dietary supplements and personal care products with several hundred thousand active distributors in 28 countries, in connection with the successful out-of-court restructuring of Neways’ approximately $250 million capital structure, which involved the exchange of $130 million of second lien indebtedness debt for equity and an amendment and extension of the company’s first lien secured indebtedness.

Kerzner International ― Represented this leading international developer and operator of destination resorts, casinos and luxury hotels in connection with its successful out-of-court restructuring of more than $3 billion of indebtedness. The multi-part reorganization, which recently was recognized as the Large Restructuring Deal of the Year at the 7th Annual M&A Advisor Turnaround Awards, included the restructuring of more than $2.5 billion of indebtedness in a commercial mortgage backed security structure related to the Atlantis, Paradise Island and One&Only Ocean Club. As part of the operating company restructuring, Kerzner completed a transaction to sell its 50 percent ownership interest Atlantis, The Palm in Dubai for $250 million. Kerzner also entered into an agreement to continue to manage Atlantis, The Palm pursuant to a multi-year management agreement. Under the One&Only brand, Kerzner manages seven of the top-rated luxury resort properties in the world, located in The Bahamas, Mexico, Mauritius, the Maldives, South Africa and Dubai.

Horizon Lines, Inc. ― Represented Horizon Lines, Inc. and its subsidiaries, the nation’s leading domestic ocean shipping and integrated logistics company, in connection with two successful out-of-court restructurings. The first, in October 2011, was a $652.8 million out-of-court financial restructuring/refinancing and securities exchange offer that provided the opportunity for significant deleveraging. This was followed by a substantial de-leveraging achieved through an out-of-court restructuring in April 2012, in connection with a transaction with more than 99% of Horizon’s noteholders and Ship Finance International Limited that resulting in the termination of certain vessel charter obligations related to Horizon’s discontinued trans-Pacific service. At the time, Horizon owned or leased a fleet of 20 U.S.-flag containerships and operates five port terminals linking the continental United States with Alaska, Hawaii, Guam, Micronesia and Puerto Rico.

Keystone Automotive Operations, Inc. ― Represented Keystone Automotive Operations, Inc., a wholesale distributor and retailer of aftermarket automotive accessories and equipment with operations throughout the United States and Canada, in connection with a restructuring of its outstanding indebtedness. Keystone successfully completed an out-of-court restructuring that reduced its debt from approximately $429 million to $142 million through a simultaneous securities exchange offer, rights offering and prepackaged plan of reorganization, which included the negotiation of new secured revolver and term loan credit facilities as well as a $60 million equity commitment to backstop the rights offering. Keystone’s restructuring was recognized as the 2011 Retail Manufacturing/Distribution Deal of the Year (more than $50 million) by The M&A Advisor in connection with its 6th Annual Turnaround Awards.

Orchard Brands/Appleseed’s ― Represented Appleseed’s and 27 of its affiliates, a leading multi-channel marketer of apparel and home products focused on serving the needs of women and men over the age of 55, in its prenegotiated chapter 11 case in the District of Delaware. Through an agreement supported by nearly all of its secured lenders, Appleseed’s will seek to restructure approximately $725 million in funded indebtedness through a debt for equity exchange and $40 million investment in less than 90 days.

Atrium Corporation ― Represented Atrium Corporation and 19 of its affiliates, the largest manufacturer and distributor of residential vinyl and aluminum windows and patio doors in North America, in its chapter 11 case in the District of Delaware that restructured more than $650 million in long term indebtedness in just 100 days. Atrium’s plan of reorganization eliminated more than $400 million of indebtedness and provided for an equity infusion of approximately $170 million. Atrium employs more than 3,800 individuals and maintains 55 manufacturing and distribution centers located in 21 U.S. states and Canada. Atrium’s restructuring was recognized with the 2011 Turnaround Atlas Award for the “Chapter 11 Reorganization of the Year (upper middle markets)” by the Global M&A Network.

Citadel Broadcasting Corporation ― Represented Citadel Broadcasting Corporation, the third-largest radio broadcaster in the United States, with 224 radio stations in the nation’s leading markets and the distributor of news and talk radio programming to more than 4,000 station affiliates, in its chapter 11 cases in the Southern District of New York that successfully restructured more than $2.4 billion in indebtedness. Citadel’s chapter 11 case, which was completed in just under six months, culminated in confirmation of a plan of reorganization that eliminated $1.4 billion in indebtedness following a heavily contested confirmation hearing and valuation dispute.

ION Media Networks, Inc. ― Represented ION Media Networks, Inc. and 116 of its affiliates, the owner and operator of the nation’s largest broadcast television station group and ION Television, which reaches more than 96 million U.S. television households via its nationwide broadcast television, cable and satellite distribution systems, in its chapter 11 cases in the Southern District of New York. In just over six months, ION’s successful restructuring resulted in the elimination of all prepetition legacy indebtedness totaling approximately $2.7 billion and ION’s emergence from chapter 11 with $150 million in equity financing.

Chemtura Corporation ― Represented Chemtura Corporation, one of the largest publicly traded specialty chemical companies in the United States with 5,000 employees worldwide and 2008 revenue of $3.5 billion, in its chapter 11 reorganization in the Southern District of New York.

Muzak LLC ― Represented Muzak LLC and 14 of its affiliates in their chapter 11 cases that resulted in the successful restructuring of approximately $500 million in indebtedness, including secured bank debt and senior and subordinated public bond debt. A leading provider of business music since 1934, Muzak creates sensory experiences that reach more than 100 million people daily through targeted custom in-store and on-hold messaging for more than 500,000 client locations. Muzak’s plan of reorganization was unanimously approved by all creditors entitled to vote on the plan. Muzak’s restructuring was recognized as the 2010 Entertainment and Media Restructuring of the year by the Distressed M&A Deal Forum and Turnaround Atlas Awards.

TOUSA ― Represented TOUSA, Inc. and approximately 40 debtor and non-debtor affiliates in their chapter 11 cases in the Bankruptcy Court for the Southern District of Florida, which ultimately resulted in a consensual chapter 11 plan of liquidation that was confirmed in August 2013.

Radio One ― Represented Radio One, one of the nation’s largest radio broadcasting companies with 53 broadcast stations in 16 U.S. urban markets that primarily target African-American and urban consumers, in connection with its out of court restructuring that eliminated $296.2 million in aggregate principal amount of unsecured notes and amended the company’s senior secured credit facility.

BakerCorp ― Represented BakerCorp, one of the largest containment, pump, filtration and shoring company’s in the world, in connection with its comprehensive out of court recapitalization of $560 million of indebtedness.

NexCen Brands ― Represented NexCen Brands, the owner and manager of brands covering quick service restaurants and retail footwear, including Great American Cookies, MaggieMoo’s Ice Cream and The Athlete’s Foot, with approximately 1,700 franchised stores across its brands located in more than 35 countries worldwide.

The Smith & Wollensky Restaurant Group, Inc. ― Represented The Smith & Wollenksy Restaurant Group, Inc., operator of 10 upscale steakhouses around the country under the iconic Smith & Wollensky name, in connection with the restructuring of secured and subordinated indebtedness.

Ginn Resorts ― Represented certain affiliates of this privately-held resort development and management firm specializing in exclusive leisure lifestyle and vacation destination communities in connection with the restructuring of first and second lien credit facilities totaling $675 million and secured by four separate projects.

MoneyGram International Inc. ― Represented MoneyGram, a leading provider of global money transfer services, in connection with its successful out of court restructuring and sale transaction.

Tecumseh Products Company ― Represented the company, a leading manufacturer of engines, compressors, and related products, in a series of restructuring and sales transactions executed out of court.

Movie Gallery, Inc. ― Represented Movie Gallery, the second largest North American home entertainment specialty retailer. Movie Gallery, which operates approximately 4,600 retail stores located throughout all 50 states and Canada, rents and sells DVDs, videocassettes and video games. Movie Gallery generates annual revenue of approximately $2.5 billion with almost 40,000 employees.

Armstrong World Industries, Inc. ― Represented Armstrong in its complex, six-year, mass tort chapter 11 case. Following contested confirmation proceedings, including an appeal to the United States Court of Appeals for the Third Circuit, Armstrong successfully implemented a plan of reorganization channeling asbestos-related claims to a section 524(g) trust.

Ames Department Stores, Inc. ― Represented retailer and its affiliates in all aspects of the day-to-day administration of the chapter 11 case.

Enron Corporation ― Represented Enron and contributed to the coordination of efforts in connection with the prosecution of various actions to recover billions of dollars in allegedly fraudulent and preferential transfers.

Creditor Representations

Millennium Health ― Represented the founder of Millennium Health, LLC and majority equity owner of Millennium Lab Holdings II, LLC, one of the nation’s largest drug-testing laboratories, in Millennium’s prepackaged chapter 11 cases. The voluntary chapter 11 cases, filed in the Bankruptcy Court for the District of Delaware, were supported by the Department of Justice, other equity holders, and over 93% of its prepetition lenders. After a heavily contested confirmation hearing and appeal of the Bankruptcy Court order confirming the plan, the bankruptcy court held, on remand, that it had the constitutional authority to grant third-party releases notwithstanding the U.S. Supreme Court’s decision in Stern v. Marshall.

Swift Energy Company ― Represented an ad hoc group of noteholders and DIP lenders in the chapter 11 cases of Swift Energy Company and certain subsidiaries, an independent exploration and production company with operations focused in the Eagle Ford trend of South Texas and the onshore and inland waters of Louisiana. Within 90 days of Swift’s filing, the Bankruptcy Court confirmed its prearranged chapter 11 Plan, which was based on a prepetition support agreement between the ad hoc noteholder group and the Company and supported by all major stakeholders. Swift successfully restructured approximately $1.2 billion in funded prepetition debt and converted its $75 million junior DIP credit facility and $875 million in notes into 96 percent of the reorganized equity.

Pacific Sunwear of California, Inc. ― Represented certain affiliates of Golden Gate Capital in their capacities as term loan lenders (“Golden Gate”) in connection with the chapter 11 cases of Pacific Sunwear of California, Inc. and its debtor affiliates (“PacSun”). Golden Gate sponsored a plan of reorganization, pursuant to which it converted its roughly $88.1 million term loan claim against PacSun into 100 percent of PacSun’s equity and a new $30 million “first out” term loan. Golden Gate also infused $20 million of new money in the form of a new “last out” term loan. PacSun, an apparel retailer focusing on teens and young adults, operates over 500 retail locations nationwide and features a mix of proprietary and branded merchandise related to action sports, fashion, art, and musical influences of the California lifestyle.

UniTek Global Services ― Represented Apollo Global Management in connection with the prepackaged chapter 11 restructuring of UniTek Global Services, including the negotiation and documentation of a $56.7-million debtor-in-possession credit facility partially committed by Apollo and the conversion of Apollo’s interests in an existing $210-million secured credit facility into a new $115-million first-lien facility and 100 percent of the equity of the reorganized company. UniTek emerged from chapter 11 in January.

Coldwater Creek ― Represented affiliates of Golden Gate in connection with the chapter 11 liquidation of Coldwater Creek, which resulted in the payment in full in cash (plus a makewhole premium) of Golden Gate’s secured term loan debt claims.

Broadstripe ― Represented WideOpenWest Holdings, LLC in connection with its successful stalking horse bid and purchase of certain assets in Broadstripe’s chapter 11 proceeding pending in the United States Bankruptcy Court for the District of Delaware. Broadstripe is a telecommunications and cable provider serving communities in Washington, Maryland, Oregon and Michigan that provides both residential and business customers with entertainment and communications products including digital cable, home phone and broadband internet services.

Reddy Ice ― Represented Centerbridge Partners, L.P., the largest holder of first and second lien indebtedness and rights offering backstop party, in connection with the chapter 11 case in the Northern District of Texas, Dallas Division of the largest manufacturer and distributor of packaged ice in the United States that resulted in Centerbridge owning a majority of the restructured company. Completing its restructuring in just 50 days, Reddy Ice successfully reduced its debt by more than $145 million. With approximately 1,500 year-round employees, the Company sells its products primarily under the widely known Reddy Ice® brand to a variety of customers in 34 states and the District of Columbia, including to restaurants, special entertainment events, commercial users and the agricultural sector.

Aquilex ― Represented Centerbridge Partners, L.P. in connection with the restructuring of Aquilex LLC, a leading provider of critical maintenance, repair and industrial cleaning solutions to the energy industry. Through a debt-for-equity exchange (of both second lien debt and senior notes) and $80 million equity investment, Aquilex reduced its debt by more than $300 million and is now majority owned by Centerbridge. Through divisional and branch offices in the United States, Europe and the Middle East, provides services to a diverse global base of more than 600 customers, primarily in the oil and gas refining, chemical and petrochemical production, fossil and nuclear power generation and waste-to-energy industries. Aquilex’s restructuring was recently recognized as the 2012 Transaction of the Year (Large Company) by Turnaround Management Association, as well as one of twelve successful restructurings identified by Turnarounds & Workouts for 2012.

Caribbean Petroleum Corp. ― Represented the President, Chairman and certain guarantors of the company’s secured indebtedness in connection with the chapter 11 case of this former leading distributor of gasoline and other petroleum products through a network of retail service stations located throughout Puerto Rico, consisting of 116 service stations on owned real property and 68 service stations on leased property.

Firstgold Corp. ― Represented certain directors in connection with the chapter 11 case of this former exploration-stage company engaged in the search of ore deposits in its property and the acquisition and exploration of gold-bearing properties in the continental United States.

Natural Products Group ― Represented Centerview Partners in connection with the chapter 11 case of the owner of the Nature’s Gate line of organic soaps and shampoos.

W Hotel Union Square ― Represented Starwood Hotels and Resorts Worldwide, Inc., the manager of the W Hotel Union Square in New York, in connection with the chapter 11 filing of certain entities that hold the indebtedness used to finance the acquisition of the hotel.

F&W Media ― Represented ABRY Partners Inc., in its capacity as owner, and certain directors of the company, in connection with the out of court restructuring of the special interest content provider and marketer enthusiast magazines, books, conferences, trade shows and interactive media properties.

Cygnus Business Media Inc. ― Represented ABRY Partners Inc., in its capacity as owner, and certain directors of the company, in connection with the successful prepackaged chapter 11 case of one of the leading diversified business-to-business media companies.

North Hills L.P. ― Represented the Alexander Dawson Foundation, a non-profit organization dedicated to education and the largest creditor of North Hills L.P., in connection with the involuntary Chapter 7 bankruptcy case relating to the ponzi scheme orchestrated by Mark Bloom through the North Hills Fund investment partnership.

Physicians and Surgeons Hospital d/b/a Tri-Lakes Medical Center ― Represented creditor Physiotherapy Associates in connection with the chapter 11 case of this non-profit full service hospital located in Batesville, Mississippi and pending in the United States Bankruptcy Court for the Northern District of Mississippi.

Mervyn’s ― Represented certain affiliates of Sun Capital Partners, Inc., in their capacities as owner and second lien lender, and certain directors of the company, in connection with the chapter 11 case of Mervyn’s, LLC, a 177-store chain of family friendly promotional stores

Heartland Automotive ― Represented Blackstone Holdings, the largest unsecured creditor and chair of the official committee of unsecured creditors, in connection with the chapter 11 cases of Heartland Automotive and certain of its affiliates, the operators of 438 quick-oil-change stores in 20 states across the Eastern, Midwestern and Western United States.

New Century Financial Corporation ― Represented Citigroup in connection with its recovery of approximately $32 million in advances made to New Century pursuant to a servicer advance financing facility.

Avianca, Inc. ― Represented Federación National de Cafeteros de Colombia (“FNC”) and Valores, S.A. in connection with their equity investments in the largest Colombian airline, as well as FNC’s investment in reorganized Avianca.

Calpine Corp. ― Represented an ad hoc committee of noteholders at three Calpine projects in connection with restructuring efforts for each facility. Represented Manufacturers Traders & Trust Company, in its capacity as Indenture Trustee for certain secured notes totaling approximately $800 million issued by Calpine Generating Company, LLC.

Delphi Corporation ― Represented General Motors in connection with Delphi Corporation’s and its subsidiaries chapter 11 cases, and General Motors’ claims with respect to the parties Component Supply Agreement and various Purchase Agreements pursuant to which Delphi manufactures and sells to General Motors automotive parts and systems.

More

Thought Leadership

Publications

Co-Author, “Surviving Retail Distress: How Some Retailers Proved 'Exceptions to the Rule,'” Journal of Corporate Renewal, January 25, 2018.

Co-Author, “Hitting a Moving Target: Why Brick and Mortar Retail is Alive and Well,” New York Law Journal, September 15, 2017.